As Bangladesh awaits Interpol’s response to its request for Red Notices against former Prime Minister Sheikh Hasina and several other fugitive political figures, questions are emerging about what such notices actually entail—and how far they can go in securing arrests or extraditions from abroad.
Inspector General of Police Baharul Alam confirmed that Bangladesh’s National Central Bureau (NCB) has submitted the request, based on arrest warrants issued by the International Crimes Tribunal (ICT), which is prosecuting alleged crimes against humanity during the July-August 2024 uprising.
However, legal experts caution that a Red Notice—despite its international reach—offers no guarantee of arrest or return.
A Red Notice in fact is an alert issued by Interpol (the International Criminal Police Organisation) to locate and provisionally detain a person pending extradition. It is based on a valid national arrest warrant.
But crucially, it is not an international arrest warrant. Interpol member states are not legally obligated to act on it. The notice is more a request than a command, and enforcement depends on national laws.
So, the question is: Will Sheikh Hasina be arrested abroad?
That depends entirely on the country where she may be located. Nations like the United Kingdom or the United States—where high-profile exiles often reside—typically consider whether an arrest could be politically motivated or violate human rights standards.
If concerns arise over due process or potential political persecution, arrest is unlikely, even with a Red Notice in effect.
Since Sheikh Hasina is currently in India, the extradition treaty between the two countries—which includes a provision to deny extradition on grounds of political motivation—could be used to reject Bangladesh’s request, even if a Red Notice is issued by the Interpol.
The treaty, in effect since 2013, enables both countries to extradite individuals accused or convicted of serious crimes, including terrorism, murder, and financial offences. It covers both pre and post conviction extradition. However, extradition may be refused if the offence is deemed politically motivated or if the individual may be subjected to persecution.
If India chooses not to extradite Sheikh Hasina, it can cite the charges as politically motivated or argue that she may be subjected to persecution upon return.
And despite the issuance of a Red Notice by Interpol, extradition remains a separate legal process that typically requires a formal treaty. Bangladesh does not have such agreements with many Western countries, where some of the fugitives are believed to be hiding.
Even in countries where treaties exist, extradition requests are vetted by courts. Judges often weigh the legal basis of the charges, the fairness of the requesting country’s judicial system, and the political nature of the allegations.
In the case of Sheikh Hasina, a former head of government, asylum protections and sovereign immunity arguments may further complicate extradition efforts.
So what will the Red Notices achieve if issued?
A Red Notice is a tool to alert law enforcement globally and exert diplomatic pressure. It flags the accused on international watchlists, restricts their ability to travel freely, and signals Bangladesh’s intent to pursue accountability through international mechanisms.
But unless backed by strong bilateral legal cooperation and political will from host countries, it may fall short of bringing any fugitive to court.